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Right To Equality With Special Emphasis On Gay Marriages And Its Legal Status In India




Aadrika Goel, National Law University Odisha

INTRODUCTION

One of every Indian citizen's fundamental right is the right to equality. This means that “nobody can be subjected to discrimination on the basis of race, religion, gender, and caste or birth place. It also includes equality of opportunity in matters of employment, abolition of untouchability and titles.”1 However, it appears that the law has a lot of unlisted exclusions. The Constitution's Articles 14 through 18 define the right to equality. The right guaranteed by the constitution includes both the positive right of being treated equally and the negative right of not being subjected to discrimination. The equality concept forbids unjustified discrimination between people.”

“Article 21 of the Constitution is inextricably linked with the RIGHT TO MARRY the person of one's choosing. The right to life is protected by the Constitution. This freedom cannot be restricted unless it is done so by a law that is both substantively and procedurally just, fair, and reasonable. A crucial component of the freedom that the Constitution upholds as a fundamental right is each person's capacity to make decisions that are essential to their pursuit of happiness. The fundamental right guaranteed by the constitution is the freedom of religion and belief, including the choice to believe. ...... No one else's opinion should influence how we choose our spouses.”2

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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